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U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Rodriguez, No. 97-2002 (1st Cir.) (162 F.3d 135) (December 7, 1998) (Judge Juan R. Torruella) by Here the Court rejected a constitutional challenge that the enormous disparity between sentences given to those who plead guilty versus those who go to trial constituted an impermissible "chilling" of the defendant's …

U.S. v. Wilson, No. 98 CR 640 (DLC) (S.D.N.Y.) (1998 WL 770561) (November 4, 1998) (Judge Denise Cote)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Wilson, No. 98 CR 640 (DLC) (S.D.N.Y.) (1998 WL 770561) (November 4, 1998) (Judge Denise Cote) by In this case, the defendant was charged with embezzlement from the U.S. Postal Service and related offenses. Prior to his indictment, the Government offered, in lieu of a criminal prosecution, to …

U.S. v. Burch, No. 97-3032 (D.C. Cir.) (156 F.3d 1315) (October 9, 1998) (Judge Patricia M. Wald)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Burch, No. 97-3032 (D.C. Cir.) (156 F.3d 1315) (October 9, 1998) (Judge Patricia M. Wald) by This decision addresses the gradual erosion of two important rules, namely, Rule 410 of the Fed.R.Evid. and Rule 11(e)(6) of the Fed.R.Crim.P. (herein collectively the "Rules"), which restrict - at least in …

U.S. v. Cruz, No. 97-1059 (2nd Cir.) (156 F.3d 366) (September 22, 1998) (Judge Fred I. Parker)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Cruz, No. 97-1059 (2nd Cir.) (156 F.3d 366) (September 22, 1998) (Judge Fred I. Parker) by Case held that statements provided to the Government that did not result in a cooperation agreement could be used to determine the defendant's offense level when defendant elected to pursue safety valve …

Shotwell Mfgr. Co. v. U.S., No. 16 (U.S. Supreme Court) (371 U.S. 341; 83 S.Ct. 448) (January 14, 2063) (Justice Harlan)

Article • September 15, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Shotwell Mfgr. Co. v. U.S., No. 16 (U.S. Supreme Court) (371 U.S. 341; 83 S.Ct. 448) (January 14, 2063) (Justice Harlan) by Although the Court held that, under the Fifth Amendment, evidence of guilt induced by a government promise of immunity is coerced evidence and may not be used against …

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy) by This revealing decision is one of a number of recent rulings that have emphasized the growing evolutionary changes in the judicial view of the concept of "voluntariness" in confessions. Historically, the …

U.S. v. Washington, No. 97-4235 (4th Cir.) (146 F.3d 219) (June 1, 1998) (Judge J. Harvie III Wilkinson)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Washington, No. 97-4235 (4th Cir.) (146 F.3d 219) (June 1, 1998) (Judge J. Harvie III Wilkinson) by Court vacated defendant's sentence because district court improperly relied in statements made to the probation officer and included in the presentence report in violation of terms of plea agreement and U.S.S.G. …

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Jarman, No. 97-1677 (6th Cir.) (144 F.3d 912) (May 11, 1998) (Judge Karen Nelson Moore) by Case rejected claim that information disclosed to Probation Officer after he signed proffer agreement should have been excluded under § 1B1.8, holding it was "completely extraneous to information concerning the unlawful activities …

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy) by QUOTE OF THE WEEK - The changing standards for determining whether a confession is free and voluntary. "[A] confession, in order to be admissible, must be free and voluntary: that is, …

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour) by Case held that the district court's failure to inform the defendant of the elements of the charges against her and the possible penalties during the plea colloquy rendered the plea involuntary, and …

U.S. v. Byram, No. 97-2273 (1st Cir.) (145 F.3d 405) (May 20, 1998) (Judge Michael Boudin)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Byram, No. 97-2273 (1st Cir.) (145 F.3d 405) (May 20, 1998) (Judge Michael Boudin) by The Court noted that: "Historically, the requirement that admissible confessions be 'voluntary' reflected a variety of value; these included deterring coercion, assuring reliability of confessions, and protecting the suspect's free choice whether to …

U.S. v. Peterson, No. 97-10128 (9th Cir.) (140 F.3d 819) (March 31, 1998) (Judge A. Wallace Tashima)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Bruton Error

U.S. v. Peterson, No. 97-10128 (9th Cir.) (140 F.3d 819) (March 31, 1998) (Judge A. Wallace Tashima) by This case deals with the so-called Bruton rule that was enunciated by the Supreme Court in Bruton v. U.S., 391 U.S. 123 (1968), which held that a defendant is deprived of his …

U.S. v. Peterson, No. 97-10128 (9th Cir.) (140 F.3d 819) (March 31, 1998) (Judge A. Wallace Tashima)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Bruton Error

U.S. v. Peterson, No. 97-10128 (9th Cir.) (140 F.3d 819) (March 31, 1998) (Judge A. Wallace Tashima) by This case deals with the so-called Bruton rule that was enunciated by the Supreme Court in Bruton v. U.S., 391 U.S. 123 (1968), which held that a defendant is deprived of his …

U.S. v. Roman-Zarate, No. 96-6067 (10th Cir.) (115 F.3d 778) (June 9, 1997) (Judge John C. Porfilio)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Roman-Zarate, No. 96-6067 (10th Cir.) (115 F.3d 778) (June 9, 1997) (Judge John C. Porfilio) by In this case the defendant claimed that the DEA agents' promises that cooperation would be helpful to him amounted to an agreement under U.S.S.G. § 1B1.8 that his statements would not be …

U.S. v. Braxton, No. 96-4242 (4th Cir.) (112 F.3d 777) (May 6, 1997) (Judge Karen J. Williams)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Braxton, No. 96-4242 (4th Cir.) (112 F.3d 777) (May 6, 1997) (Judge Karen J. Williams) by The Government appealed from an order of Judge Hallanan, in which she granted a defense motion to suppress a statement given by the defendant to law enforcement officials. She ruled that the …

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Fagge, No. 96-1287, No. 498 (2nd Cir.) (101 F.3d 232) (November 25, 1996) (Judge Ralph K. Jr. Winter) by In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which …

Nickel v. Hannigan, No. 94-3417 (10th Cir.) (97 F.3d 403) (September 30, 1996) (Judge Robert H. Henry)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Nickel v. Hannigan, No. 94-3417 (10th Cir.) (97 F.3d 403) (September 30, 1996) (Judge Robert H. Henry) by Case held that even where a defendant is mentally impaired and the officer was aware of the impairment, a confession will be suppressed as involuntary only if the officers use coercive measures …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 …